Rodriguez, Cesar

^gaA Ma. &hd PioZ&k dlvdr, ' -sags*. JAN 15 2015 ^eMcos^a, C/er/c COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 INSTRUCTIONS \ 1. You must use the complete form, which begins on the following page, to file an application for, a writ of habeas corpus seeking relief from a final felony conviction under Article 11.07 of the Code of Criminal Procedure. (This form is not for death- penalty cases, probated sentences which have not been revoked, or misdemeanors.) 2f 'The^distiricfccierkof the county-m-which-you were^nyicted'wiU^i&ke ^s«tppn; available to you,oh request^wlthoufccharge. 3. You must file the entire writ application form, including those sections that do not apply to you. If any pages are missing from the form, or if the questions have been renumbered or omitted, your entire application may be dismissed as non-compliant. 4. You must make a separate application on a separate form for each judgment of conviction you seek relief from. Even if the judgments were entered in the same court on the same day, you must make a separate application for each one. 5. Answer every item that applies to you on the form. Do not attach any additional pages for any item. 6. You must include all grounds for relief on the application form as provided by the instructions under item 17. You must also briefly summarize the facts of your claim on the application form as provided by the instructions under item 17. Each ground shall begin on a new page, and the recitation of the facts supporting the ground shall be no longer than the two pages provided for the claim in the form. 7. Legal citations and arguments may be made in a separate memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. 8. You must verify the application bysigning either the Oath Before Notary Public or the Inmate's Declaration, which are at the end of this form on pages 11 and 12. You may be prosecuted and convicted for aggravated perjury if you make any false statement of a material fact in this application. 9. When the application is fully completed, mail the original to the district clerkof the county of conviction. Keep a copy of the application for your records. 10. You must notify the district clerk of the county of conviction of any change in address after you have filed your application. Kevv Mnm& Case No. (The Clerk of the convicting court will fill this line in.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 NAME; V^aA„ J^¥^tI. ftc^hLcJ.)^'C- ,,..., DATE OF BIRTH: ; , //<-* I ,P ^ ,.„.,. L- BLACE OF CONFINEMENT: J'/I^^qIa,- Kp'ht'WiC^X ^-r^U.^""" ^^pr%^n}VMtitm, lS^6Nn . - .: sid number ••,; '. : (1) This application concerns (cheek all that apply): » tSrk, conviction P parolei ' P a sentence P imaniflSf^ P time credit P. out-df-time appeal or petitioni-fdr 'disc^tipnai^'ifjeyiew^ (2) What;district court enteredithe judigmentpft^ (Include the court number and countyvj (3); Whiat;iw'as the/casejtiumbw:!!! thetHal;Cdurt? i (4) What was the name ofthe trial judge? ^<^lU/A (9); What wis thepljea you entered? ^he^korie4 P guilfy^open plea P, guiliy^plea bargain Q^ot guilty P; hotticontehiieMno contest]i Ifyou entered different pleas to countsIn a multi-count indictment, please explain: (10) What kind oftrial didI you have? P no jury B^jury for guilt and punishment P jury for guilt, judge for punishment Rev. 01/14/14 (11)1 Did you testify at trial? If yes, at what phase of the trial did you testify? /Or> ..i (12) :Did you appeal.from thejudgmentiof cohyiction? P^es- -Pi ,n'p If you did appeal, answer the following questions: (A); WhaticbuW ofappeals di^ou appealto? XZA <:H~k•, \JtpdKJ' Ok rTpA-tcif (B) What was the case number? ..-£>.*?- Dlt-OOcLfc^^Cj? •.(<£)• 'Wer,eypuL*epr£sentecr^ provide the attorney's' name: /3/?UXL^ i^^e/lA r..., „ ,.- (D) What was the decision and the date ofthe decision? /^/A./A/1AJ? of (13): :Did, you fife:avpeti%nTfr^ Cpurt-pfCribinalAppealsf?; EkyeS P' no If yoii did file a petition for discretionary review, answer thefollbwing questions: (A) Whafewas the case number? P P - //"6> "S ~/O •(B) vWfrat::-^ AtLLj^tAlsd (14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction? Wyes Pi jrio Ifyou aiisvyered yes^ answer the-following questions: (A) Whafcwas the Court of Criminal Ap^eais' writ number? &iy/S •"7~7r^/V7-{0 Z Rev. S:M'4/i4; (B) What was thfe decision antltheidate ofthe decision? lO^fj/uJA W (C) Please identify the reason that the current claims;wet* npt presented and could not have been presented on your previous application. (15) Dp ypu currently have any petition or appeal pendiiig iniany Other stateor federal court? :P- yes BKlfliP' If ypu answered yes, please proyidetthe; name of theicpurt and theiCjasevnumber: (1(S) If you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies) P' yes: Bno If you answered yes, answer the following questions: (A) What date diftyou present theclaim? (B) Didypureceive a'dedkibh and, if yes, what was the date of the decision? If you answered no* please explain why ypu have: notsubmitted your claim: Rev. 01/14/14 (17) Beginning on page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize the facts supporting each ground. You must present each ground on the form application and a brief summary of the facts. Ifyour grounds and briefsummary ofthefacts have not been presentedon theform application, the Court will not consideryour grounds. If you have more than four grounds, use pages 14 and 15 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in the form. You may include with the form a memorandum of law if you want to present legal authorities, but the Court will not consider grounds for relief set out in a. memorandum of law that were not raised on the form. The citations and argument must be in a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum. s: Rev. 01/14/14 GROUND) ONE: FACTS SUPPORTING GROUND-ONE:- ZFnnotmtQ f•<*/*./* ~h>- Mich 1^/paiAn-haI rnriZmJluwc.I o/aLim iThMh .Rev. ma #14 frtk ol&'tnA^XAAuC (Aid QnaAJ..ahutAl.h^^,.^idC^jLHA 1 Ox-u AG^l (J^Ltr, declare under penalty of perjury:tnat, according to my belief; the facts stated in the above^pjilleatipn; are true and correct.; Signed ovCJansJatd lZ?i& wM IS" v 17 Rev. 0i/14M4 PETITIONER'S INFORMATION Petitioner'^printed name: ,. .- (jfcSqfjJtu/jd: ^W^a Address: r^f^A-:.^._ ^ff^^^